Developing Mediation Services in a Post-Violent Environment

KOSOVO, 2006 - The violent riots
that broke out across Kosovo in March 2004 served as a vivid reminder of the
ethnic tensions that still plague Kosovo
years after war. In particular the riots showed how important it is to
institutionalize peaceful methods of resolving local disputes before they
spiral into province-wide violence. Partners-Kosova’s Mediation Program has
supported the development of an effective justice system, a key goal set forth in
the United Nations’ Standards for Kosovo. At the local level, Partners-Kosova’s
mediation services have helped resolve hundreds of disputes related to family,
property, business, and interethnic problems, positively affecting over 11,000 people.
At the national level, The Center works to integrate mediation into
Kosovo’s court system. Many judges and
prosecutors claim the Center’s involvement in the legal system has reduced the
average length of cases and prosecutors’ workloads. This is a significant contribution in the
context of a court system in which cases are backlogged for as long as 10
years.

For centuries, Kosovars
and Albanians have engaged in their own form of third party dispute resolution,
which involved community elders and more recently, local Reconciliation
Councils. In the traditional process, which resembles arbitration, community
elders (pleqt) or members of the
Reconciliation Councils visit each family several times to hear their stories
before handing down a decision based on traditional law (Kanuni i Lekë Dukagjinit). Partners-Kosova’s
unique mediation model combines this tradition with modern mediation practices. Their innovative hybrid process helps the
parties to understand their shared interests and create a mutually acceptable
solution, rather than imposing traditional community rules and expectations. Agreement and long-term compliance rates using
this model are much higher than with traditional mediation or court decisions.

One case in
particular highlights the success of Partners-Kosova’s mediation model in
dealing with “blood feuds,” or revenge killings that have been a traditional
part of Kosovar society and culture for centuries. Blood feuds usually consist of threats and
possibly even violent attacks on a family member in retaliation for a murder or
other wrong-doing. Male members of a
targeted household are often forced to remain at home out of fear, which hinders
everyday life and can lead to economic hardship for the family.

In this case, cousins
G.K. and H.K. from the Drenas region in central Kosovo got into a minor feud
with one another over a morality issue in their family. The quarrel escalated, and G.K. shot H.K., killing
him. The case went to local court, where
G.K. was found guilty of murder and sentenced to ten years in prison. However, despite the verdict, H.K.’s family
still found it necessary to avenge his death. Threats of violence from H.K.’s
family severely hindered G.K.’s family’s ability to work, socialize, and
function normally in the village where they resided, affecting over 40 members
of both families. The large number of
people victimized by the conflict naturally attracted the attention of the
local police, who attempted, albeit unsuccessfully, to resolve the family feud. Mediation attempts were also made by the
Reconciliation Council of Drenas, but H.K.’s family refused to reconcile. Enver Topilla, a respected member of the
Reconciliation Council, realized that to successfully resolve the case the
parties would have to receive additional assistance. He had recently attended a mediation training
provided by Partners-Kosova, so he referred the case to the Director of the
Center, Shukrie Gashi. Working together,
Mr. Topilla and Ms. Gashi led several mediation sessions with the parties involved. The mediation resulted in H.K.’s family agreeing not to pursue
revenge, and the two families reconciling without the need for compensation for
the death. One of the victim’s uncles
summed up his relief and the success of Partners-Kosova by declaring that
“animosity [has been] replaced with brotherhood.”

This case
highlights the ways in which the Center’s mediation services have had a
positive impact on the disputing parties, and on the development of Kosovo’s overall
capacity for dealing with conflict. First, the victims of this particular dispute
were once again able to lead normal lives without fear of retaliation. After the dispute was settled the two
families appeared on local television to demonstrate that blood feuds can be
resolved peacefully. Second, the
Center’s efforts to promote mediation contribute to the development of a more effective
and modern justice system. In Kosovo, as
in the rest of Europe, law enforcement and
courts can only resolve a small fraction of the disputes that crop up between
families, neighbors, business associates and others. Mediation is an essential component of a
comprehensive rule-of-law system, a fact recognized by the international
community as they seek to rebuild the country in line with European and global
standards. Partners-Kosova is building a
modern mediation service on the foundation of traditional cultural practices,
thus ensuring that disputants understand and respect the process, and helping
to advance Kosovo’s democratic development.

Please read about Partners Kosova and Fractal’s work on Kosovo Community Reconciliation and Development Program KCRDP, including the achieved results through implementation of mini grants in local communities, and the concrete outcomes & results of their work.

On January 18th, the Institute for Inclusive Security held its annual Policy Forum in Washington, DC, attended by Shukrije Gashi, Director of Partners Kosovo, and Nadwa Al-Dawsari, Director of Partners Yemen.